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Sept. 18, 1995 - Bill Cooper
56:59
State Constitutions – Militia
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The
End The End
The End You're listening to the Hour of the Time, and I'm Dave.
And I'm Michelle.
How many kids out there know that pledge?
Remember, nowadays, they don't have to say that in school if they don't want to.
Just think about it.
I want to say tonight that Mr. Cooper and his family are doing great.
They asked us to do the show tonight because they're doing some important things.
So, here we are.
Let me say that Michelle and I are not pros at doing this.
We are not professional radio or TV people or anything like that.
We're just people.
We're just Americans that care about our country.
You could do what we're doing tonight.
You could.
Think about it.
And yes, Michelle is the Michelle.
So, got that out of the way.
Tonight's show is not to prove the validity of the militia.
Because the validity of the militia is a proven fact to people that can read and understand laws and statutes.
Which I hope many of you out there can.
Tonight's show is for the sheeple.
I say, you go to the law library, you look it up, you find it out for yourself.
Because it's out there.
Don't take my word for it.
Don't take Michelle's word for it.
You go find it out for yourself.
Tonight's show is for those lazy anti-militia people who don't think that what's going on in this country is right and they don't think that people should be in a militia at all.
This show is definitely for the bad guys.
So stay tuned.
Next message.
Please, Saturday at 9.24 p.m.
Sorry, I'm busy.
I'm sure you'll get your idea.
Call me.
to return to ETH.
ETH Last night we were watching the show.
It's been an hour now.
I can't feel my legs at all.
It's been a long day.
It's been a long time.
Bye. Bye. Bye. Bye. Bye. Bye. Bye. Bye. Bye. Bye. Bye. Bye. Bye. Bye. Bye. Bye. Bye.
Bye.
You enjoy the feelings that you believe in the end.
You enjoy the peace of the devil's end.
You isn't?
You Try it.
You try it.
You know what you think?
You're cheeky.
abusers..
Oh, yeah.
Oh, yeah. yeah.
Oh, yeah.
That was Cream's right with her song Empire.
Tonight we're going to read from the constitutions of the 50 states, not from the statutes.
Now, there are going to be some things that you will not find in the constitutions, but you will find in the statutes.
And bear in mind that statutes are easy to change.
Anytime a state legislature wishes to change the statute, they just do it.
Constitutions of states are not easy to change.
It's a much greater process.
So, let's begin tonight.
Alabama, Article 1, Section 26, that every citizen has a right to bear arms in defense of himself and the state.
Article 15, Militia, Section 271, the legislature shall have power to declare who shall constitute the militia of the state, and to provide for organizing, arming, and disciplining the same.
and the legislature may provide for the organization of a state and naval militia.
Section 274.
Voluntary organization of infantry, cavalry, and artillery and naval militia may be formed in such manner and under such restrictions and with such privileges as may be provided by law.
Section 276.
The governor shall, with the advice and consent of the Senate, appoint all general officers whose terms of office shall be four years.
The governor, the generals, and regimental and battalion commanders shall appoint their own staffs as may be provided by law.
Section 277.
The legislature shall provide for the safekeeping of the arms, ammunition, and accoutrements and military records, banners, and relics of the state.
Alaska.
Preamble.
Section 19.
A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
Section 20.
The governor may declare martial law when the public safety requires it in case of rebellion or actual or imminent invasion.
Martial law shall not continue for longer than 20 days without the approval of a majority of the members of the legislature in joint session.
Now, the two I just read you, Alabama and Alaska, have no definition of the militia.
They only provide that the legislature may define it at another time.
Now, Arizona, their constitution does have a militia definition.
Section 26.
The right of the individual citizen to bear arms in defense of himself or of the state shall not be impaired, but Nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.
Section 32.
The provision of this Constitution are mandatory unless by express words they are declared to be otherwise.
Article 16, Section 1.
The Militia of the State of Arizona shall consist of all able-bodied male citizens of the State between the ages of 18 and 45 years, and of those between said ages who shall have declared their intention to become citizens of the United States, residing therein subject to such exemptions as now exist Or as may hereafter be created by the laws of the United States or of this state.
Arkansas has a militia definition in their constitution.
Arkansas, Section 5.
The citizens of this state shall have the right to keep and bear arms for their common defense.
Article 11, Section 1.
The militia shall consist of all able-bodied male persons, residents of the state between the ages of 18 and 45 years.
Except such as may be exempted by the laws of the United States or of this state, and shall be organized, officered, armed, and equipped, and trained in such manner as may be provided by law.
Section 2.
Volunteer companies of infantry, cavalry, or artillery may be formed in such manner and with such restrictions as may be provided by law.
Section 4.
The governor shall, when the General Assembly is not in session, have power to call out the volunteers or militia or both to execute the laws, repel invasion, repress insurrection, and preserve the public peace in such manner as may be authorized by and preserve the public peace in such manner as may be
Yeah, it's interesting to note and to remember that when you read provided by law or as authorized by law, these provisions, that's an indication that you definitely need to read through the statutes of your state to see exactly what those laws are.
And the majority of the state constitutions say that the governor is the commander-in-chief of the militias, but that's not always the case.
Sometimes the legislature is in charge of it, and this is something you'll just need to check your constitutions about.
But we're primarily interested in looking at the definitions of the constitutions of the 50 states because some of you have never even bothered to take a look at it.
Now, here's the state of California.
This is pretty interesting.
In Article 1, Section 24, it starts out by saying, rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution.
Now, go figure.
What do they mean by that?
And then in Section 7, all it says is, the governor is commander-in-chief of a militia that shall be provided by statute.
The governor may call it forth to execute law.
So if you've got malicious statutes in the state of California, you need to look them up in the statute section.
It's not in your constitution.
although you do have a constitutionally guaranteed right to fish.
State of Colorado, Article 2, Colorado, Section 13.
The right of no person to keep and bear arms in defense of this home, person, and property, or in aid of the civil power when thereto legally summoned, shall be called in question.
But nothing herein contained shall be construed to justify the practice of carrying concealed weapons.
Article 17, Section 1.
The militia of the state, this is Colorado, shall consist of all able-bodied male residents of the state between the ages of 18 and 45 years, except such persons as may be exempted by the laws of the United States or of the state.
Article 17, Section 4.
The General Assembly shall provide for the safekeeping of the public arms, military records, relics, and banners of the state.
State of Connecticut, Article 1, Section 15.
Every citizen has a right to bear arms in defense of himself and the state.
Article 4, Section 8.
The governor shall be captain general of the militia of the state, except when called into the service of the United States.
But the Constitution there doesn't define it.
Again, check your statutes.
State of Delaware, Article 1, Section 20.
A person has the right to keep and bear arms for the defense of self, family, home, and state, and for hunting and recreational use.
Article 3, Section 8, he, the governor, shall be the commander-in-chief of the army and navy of the state and of the militia, except when they should be called into the service of the United States.
Florida, Article 1, Section 8, Subsection A, the right of the people to keep and bear arms in defense of themselves and of this lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.
Subsection D. There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun.
For the purpose of this section, purchase means the transfer of money or of other valuable consideration to the retailer.
And handgun means a firearm capable of being carried and used by one hand, such as a pistol or revolver.
Holders of a concealed weapons permit, as prescribed in Florida law, shall not be subject to the provisions of this paragraph.
Subsection D. This restriction shall not apply to a trade-in of another handgun.
Article 10, Section 2, Subsection A. The militia, the state of Florida, shall be composed of all able-bodied inhabitants of the state who are or have declared their intention to become citizens of the United States, and no person because of religious creed or opinion shall be exempted from military duty except upon conditions provided by law.
So, Florida, your militia is composed of all able-bodied inhabitants.
Subsection B, the organizing, equipping, housing, maintaining, and disciplining of the militia and the safekeeping of public arms may be provided for by law.
Chance your statutes.
Georgia.
Constitution.
No militia definition.
Article 1, Section 1, Paragraph 8.
The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.
Article 2, Section 6, Paragraph 2, Subparagraph 2.
The General Assembly shall have the power to provide by law for a militia, and of the trial by court-martial and non-judicial punishment of its members.
Article 5, Section 2, Paragraph 3.
The governor shall be the commander-in-chief of the military forces of this state.
Hawaii.
No militia definition.
Article 1, Section 17.
A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
An exact quote of Article 2 of the Constitution for the United States.
Amendment 2, sorry.
Article 5, still in Hawaii, Section 5.
The governor shall be commander-in-chief of the armed forces of the state, and may call out such forces to execute the laws, suppress or prevent insurrection or lawless violence, or repel invasion.
Idaho does have a militia definition in their constitution.
Let's start with Article 1, Section 11.
The people have the right to keep and bear arms.
Which right shall not be abridged?
But, and that's a big button.
This provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person, nor prevent the passage of any legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm.
No law shall impose licensure, registration, or special taxation on the ownership or possession of firearms or ammunition.
Nor shall any law permit the confiscation of firearms except those actually used in the commission of a felony.
Still in Idaho, Article 14, Section 1, all able-bodied male persons, residents of this state between the ages of 18 and 45 years, shall be enrolled in the militia.
Now let's talk about the word shall.
When you read the word shall in law, That means absolutely shall.
Without a doubt, shall.
And you can sometimes substitute the word does.
Okay?
So you could read that.
All able-bodied male persons, residents of this state between the ages of 18 and 45 years, do or are enrolled.
That's why so many people are out there, and they're in the militia, and they don't even know it.
But when you read the word shall, it means absolutely.
It means that it does consist of that.
So, all those people shall be enrolled in the militia and perform such military duty as may be required by law.
But, no person having conscientious scruples against bearing arms shall be compelled to perform such duty in time of peace.
Every person claiming such exemption from service shall, in lieu thereof, pay into the school fund of the county of which you may be a resident an equivalent in money the amount and manner of payment to be fixed by law.
Article 14, Section 2.
The Legislature shall provide by law for the enrollment, equipment, and discipline of the militia to conform as nearly as practicable to the regulations for the Government of the Armies of the United States, and pass such laws to promote volunteer organizations as may afford them effectual encouragement.
Article 14, Section 5.
All military organizations under the laws of this state shall carry no other device, banner, or flag than that of the United States or the state of Idaho.
Article 14, Section 6.
No armed police force or detective agency or armed body of man shall ever be brought into this state for the suppression of domestic violence, except upon the application of the legislature or the executive when the legislature cannot be convened.
Now, Dave, before you go on to the next state, let's stop a minute because we've read a couple of constitutional excerpts where it has talked about not just the militia, but also about the volunteer forces.
Would you explain a little bit about the history of that and what the volunteer forces really are?
Oh yeah, just to put it in a nutshell, the volunteer forces, that concept goes all the way back to the Revolutionary War, before and after.
The volunteer forces were a special force, okay?
They were separate from the regular militia.
They were the volunteer forces.
They had the most dandy uniforms, the best weapons, the best artillery, the best that could be bought with money.
The regular militia was just John Key Citizen who owned a firearm and maybe had a sack of powder and a bunch of balls in his back room somewhere.
But the volunteers were people who were well-financed and they eventually became the National Guard.
Illinois has a militia definition in their constitution.
Article 1, Section 22.
Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.
What the hell does that mean?
Illinois, Article 12, Section 1.
The state militia consists of all able-bodied persons.
Well, that means men, women, children.
If you're able-bodied, you're in the militia.
Because the state militia consists of all able-bodied persons residing in the state, except those exempted by law.
Article 12, Section 3, the General Assembly shall provide by law for the organization, equipment, and discipline of the militia in conformity with the laws governing the armed forces of the United States.
Well, we sure read a lot of provisions for the legislature to provide for the equipping and training of the militia, and I don't know very many of them who are doing it.
State of Indiana, Article 1, Section 32.
The people shall have a right to bear arms for the defense of themselves and the state.
Article 12, Section 2.
The governor is commander-in-chief of the militia and other military forces of this state.
No militia definition.
State of Iowa, Article 6, Section 1.
The militia of this state shall be composed of all able-bodied male citizens between the ages of 18 and 45 years, except such as are or may hereafter be exempt by the laws of the United States or of this state, and shall be armed, equipped, and trained as the General and shall be armed, equipped, and trained as the General Assembly may provide by law.
State of Kansas, Bill of Rights, Section 4.
The people have the right to bear arms for their defense and security, but standing armies in time of peace are dangerous to liberty and shall not be tolerated, and the military shall be in strict subordination to the civil power.
Article 8, Section 1.
The militia shall be composed of all able-bodied male citizens between the ages of twenty-one and forty-five years, except such as are exempted by the laws of the United States or of this State, but all citizens of any religious denomination whatever, who from scruples of conscience may be averse to bearing arms, shall be exempted therefrom upon such conditions as may be prescribed by law.
Article 8, Section 2, the Legislature shall provide for organizing, equipping, and disciplining the militia.
Kentucky, Bill of Rights, Section 1, Paragraph 7.
All men are by nature free and equal, and have certain inherent and inalienable rights, among which may be reckoned the right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.
Louisiana.
Section 219, the militia of the Commonwealth of Kentucky shall consist of all able-bodied male residents of the state between the ages of 18 and 45 years, except such persons as may be exempted by the laws of the state or of the United States.
Section 220, the General Assembly shall provide for maintaining an organized militia.
Louisiana.
Louisiana has no militia definition in their Constitution, but this is what they do have.
They have Article 1, Section 11.
The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.
That takes care of Louisiana.
Let's move on to Maine, which does have a militia definition.
Article 1, Section 16.
Every citizen has a right to keep and bear arms, and this right shall never be questioned.
Hmm, I like that.
Article 7, Section 5.
Persons of the denominations of Quakers and Shakers, Justices of the Supreme Judicial Court, Ministers of the Gospel, or persons exempted by the laws of the United States may be exempted from military duty, but no other able-bodied person of the age of 18 and under the age of 45 years, excepting officers of the militia who have been honorably discharged, shall be so exempted.
Article 7, Section 2, the legislature shall by law designate the qualifications necessary for holding a commission in the militia, and shall prescribe the mode of selection of officers for the several grades.
Declaration of Rights, Article 28, that a well- Oh, Maryland?
Huh.
I missed it.
I guess that was the definition in Maine, wasn't it?
Mm-hmm.
Well, we're- It wasn't very specific.
We're in Maryland now.
That just kind of flew past me.
No other able-bodied person of the age of 18 and under the age of 45 years blah blah blah blah blah.
Right, so if you're over 18 and under 45 in the state of Maine, and you're not a shaker, a Quaker, a justice of the Supreme Judicial Court, a minister of the gospel, or have been honorably discharged, then you're malignant.
Okay, well they sort of defined it in a roundabout way then, definitely.
Well, okay.
Maryland.
That's interesting.
That's something for you people to read and understand.
Maryland.
I have it here.
It says no militia definition.
But it does have this.
Declaration of Rights.
Article 28.
That a well-regulated militia is the proper and natural defense of a free government.
Article 2.
Section 8.
The governor shall be the commander-in-chief of the land and naval forces of the state, and may call out the militia to repel invasions, suppress insurrections, and enforce the execution of the laws, but shall not take the command in person without the consent of the legislature.
Article 9.
Section 1.
The General Assembly shall make from time to time such provisions for organizing, equipping and disciplining the militia as the exigency may require, and pass such laws to promote volunteer militia organizations as may afford them effectual encouragement. - I can't.
Excellent.
Massachusetts.
Part I, Declaration of Rights, Section 17.
The people have a right to keep and bear arms for the common defense.
And now we're going to take a break, folks.
are dangerous to liberty.
They ought not to be maintained without the consent of the legislature, and the military power shall always be held in an exact subordination to the civil authority to be governed by it.
Articles 7 and 10, which deal with militia of the Commonwealth of Massachusetts, were annulled.
For further information, you need to see the amendments and Article 54 of your state constitution.
And now we're going to take a break, folks.
Don't go away, because we'll be right back.
Radio, Mr. Mike Gavins, call to Mr. Larry Bones.
Do you want 6-6-1-9-7-1-3, 4-2-8-4-9-5-5, 6-6-1-8-8-1-0, or 4-7-9-2-2-4-0 operator?
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8-1-2?
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Right.
This call coming from area code 6-1-5?
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That would be Nashville, Tennessee, is that right?
Right.
Okay, so we're talking, let's see, 6-1-5, that's into 5-1-3, which is 6-9-8, area 6-6-1-8-8-1-0.
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3-9-1-8, is that extension 4-0-6, 6-0-9, 3-0-2, or 2-0-4 operator?
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3-0-2.
Okay, 302.
302, this is extension 801. You want 661-881 area code 513 extension 802, or did you want 661-881 area code 513 extension 280?
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Okay, ask the gentleman what he wants.
We have four extensions.
We want a Mr. Mike Gavin.
Mr. Mike Gavin?
That's right.
Do you know what extension he's at?
Extension?
I believe, uh, Mr. Gavin's extension is 406.
Over last week was 527, then 204, and 429.
Uh, 429 was the disconnected last week, which would give us 204.
Uh, I can, can you hold on just a second?
Alright, thank you.
which would give us two or four.
I can continue on just a second.
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Slow to shipping.
Yes, Mr. Mike Gavin, please.
Mike Gavin, I've got a wrong extension.
5-9-1 or 2-6-8.
This is 4-0-2.
Last week we were 5-0-9, which was disconnected.
You want 6-6-1, 8-8-1-0, 5-0-2 or 4-0-9, operator?
Oh, Mr. Mike Gavin.
We wasn't talking Mr. Mike Gavin.
Mr. Gavin, Mike Gavin, yes.
Well, this is the right number, but there are several different extensions.
I don't know.
Now, if you want 409, 405, 406, or 208, Mr. Gavin can be reached at one of those connections.
Operator, I think I'll call back later.
Thank you, sir.
Okay.
Thank you, operator.
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I'm just going to do the way I think I never believe that it's coming to me The world around me I'm just going to imagine that it's coming to me
The world around me
I can't resist I couldn't see how this could be I can't resist I'm going to be more The world around me
I can't resist
That was Kings X.
Some people see the world around me.
Some people will not see the world around them.
Some people refuse to see the world around them.
We're going to read a part of the law that affects the world around you.
We're reading constitutions from the 50 states.
Michelle, please continue with Massachusetts.
No, I finished Massachusetts.
I'm going to pick up with Michigan.
And we're talking about the definitions of militias and militia provisions in the constitutions of the 50 states.
Article 1, Section 6, every person has the right to keep and bear arms for the defense of himself and the state.
Article 3, Section 4, the militia shall be organized, equipped, and disciplined as provided by law.
There's those key words again, as provided by law.
That means you've got to go read your statutes.
Minnesota is even more succinct.
Minnesota Article 13 Section 9 only says, the legislature shall pass laws necessary for the organization, discipline, and service of the militia of the state.
Period.
That's it.
You're going to have to go to the law library folks.
State of Mississippi, Article 3 Section 12.
The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.
Article 9, Section 214, all able-bodied male citizens of the state between the ages of 18 and 45 years shall be liable to military duty in the militia of this state in such manner as the legislature may provide.
Section 215, the legislature shall provide for the organizing, arming, equipping, and discipline of the militia and for paying the same when called into active service.
Many of your state statutes and state constitutions contain provisions which deal with carrying concealed firearms and concealed weapons.
You need to understand the difference between a concealed firearm and a concealed weapon because many of the state constitutions have been amended to provide for forbidding carrying concealed weapons.
And there you go, you guys need to look it up yourselves.
Missouri, no militia definition, but Article 1, Section 23, the right of every citizen to keep and bear arms in defense of his home, person, and property, or when lawfully summoned in aid of the civil power, shall not be questioned, but this shall not justify the wearing of concealed weapons.
Article 3, Section 46.
The General Assembly shall provide for the organization, equipment, regulations, and functions of an adequate militia, and shall conform the same as nearly as practicable to the regulations for the government of the Armed Forces of the United States.
Montana.
No militia definition, but they have Article 2, Section 12.
The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question.
But nothing herein shall be held to permit the carrying of concealed weapons.
Article 2, section 33, no armed person or persons or armed body of man shall be brought into this state for the preservation of the peace or the suppression of domestic violence except upon the application of the legislature or of the governor when the legislature cannot be convened.
Something else just occurred to me.
I remembered when it talks about carrying concealed weapons, they're not talking about firearms.
Concealed weapons were forbidden to be carried as early as the 1900s, but they were talking about knives, especially the Bowie knife, which was considered especially lethal and dangerous.
So when they talk about concealed weapons, get your minds off of guns, folks.
It says concealed weapons.
Nebraska.
No militia definition.
Article 1, Section 1.
All persons are by nature free and independent and have certain inherent and inalienable rights.
Among these are life, liberty, and the pursuit of happiness, and then the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes.
And such rights shall not be denied or infringed by the State or any subdivision thereof.
Article 14, Section 1.
The Legislature may provide.
They provide for the personnel, organization, and discipline of the militia of the state.
Nevada, no militia definition, but they have Article I, Section 11, Paragraph I.
Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use, and for other lawful purposes, Article 12, Section 1.
The legislature shall provide.
Go look it up in your statutes, folks, because that's where it's found.
Nevada.
The legislature shall provide, by law, for organizing and disciplining the militia of this state, for the effectual encouragement of Volunteer Corps, and the safekeeping of the public arms.
New Hampshire.
No militia definition.
Part 1 Bill of Rights Article 2 A. All persons have the right to keep and bear arms in defense of themselves, their families, their property, and the State.
Part 1 Bill of Rights Article 10 Right of Revolution Government, being instituted for the common benefit, protection, and security of the whole community, and not for the private interests or emoluments of any one man, family, or class of men, therefore,
Whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government.
The doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.
Part 1.
Article 24.
A well-regulated militia is the proper, natural and sure defense of the state.
State of New Jersey.
Article 1.
Section 1.
All persons are by nature free and independent, and have certain natural and inalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.
Article 5.
Section 3.
Paragraph 1.
Provisions for organizing, inducting, training, arming, disciplining, and regulating a militia shall be made by law, which shall conform to applicable standards established for the armed forces of the United States.
New Mexico, Article 2, Section 6 No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use, and for other lawful purposes.
But nothing herein shall be held to permit the carrying of concealed weapons.
No municipality or county shall regulate in any way an incident of the rights to keep and bear arms.
Article 18, Section 1.
Here's the definition.
The militia of this state, we're talking New Mexico, shall consist of all able-bodied male citizens between the ages of 18 and 45, except such as are exempt by the laws of the United States or of this state.
New York.
Article 12, Section 1.
The defense and protection of the state and of the United States is an obligation of all persons within the state.
The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.
North Carolina, Article 1, Section 30.
A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed, and, as standing armies in time of peace are dangerous to liberty, it shall not be maintained, and the military shall be kept under strict subordination to and governed by the civil power.
Nothing herein shall justify the practice of carrying concealed weapons or prevent the General Assembly from enacting penal statutes against that practice.
No militia definition.
North Dakota, Article 1, Section 1.
All individuals are, by nature, equally free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property and reputation, pursuing and obtaining safety and happiness, and to keep and bear arms for the defense of their person, family, property, and the state, and for lawful hunting, recreation, and other lawful purposes which shall not be infringed.
Do you hear the NRA in there somewhere, all this lawful hunting?
Article 11, Section 16.
The militia of this state shall consist of all able-bodied male persons residing in the state, North Dakota, between the ages of 18 and 45 years, except such as may be exempted by the laws of the United States or of this state.
Persons whose religious tenets or conscientious scruples forbid them to bear arms shall not be compelled to do so in times of peace, but shall pay an equivalent for a personal service.
Article 11, section 18.
The Legislative Assembly shall provide by law for the establishment of volunteer organizations of several arms of the service, which shall be classed as active militia, and no other organized body of armed men shall be permitted to perform military duty in this state except the Army of the United States without the proclamation of the Governor of the State.
Now that does appear to be somewhat in conflict with Section 16, so you'd better check your statutes, North Dakota.
Here's the state of Ohio.
Article One, Section Four.
The people have the right to bear arms for their defense and security, but standing armies in time of peace are dangerous to liberty and should not be kept up and the military shall be in strict subordination to the civil power.
Article 9, Section 1.
All citizens, residents of this state, being 17 years of age and under the age of 67 years, shall be subject to enrollment in the militia and the performance of military duty in such manner not incompatible with the Constitution and laws of the United States, as may be prescribed by law.
Article 9, Section 5.
The General Assembly shall provide by law for the protection and safekeeping of the public arms.
67 years.
Well, that means your grandpa's in the militia, doesn't it?
Well, that's what Ohio has to say about it.
Something else, too, folks.
Almost, well, I won't say almost all.
Many, many, many of the state constitutions have provisions forbidding a standing army.
It's forbidden.
And now this concept goes way, way back to the revolution where standing armies set up by the king were common practice.
They just were standing.
They just lived there.
They lived in your town.
They lived all over the place.
In fact, Boston was under a state of siege because they had a huge standing army of British that were there.
Now, standing armies were a concept which our founding fathers refused to allow to continue.
So, go back.
Look that up.
Read about it.
Find out about it.
Where the wind comes sweeping down the plain, and it does.
Has no militia definition, so you have to look it up in the statutes.
I think it's article 44.
Anyway.
The state constitution, article 2, section 26, the right of a citizen to keep and bear arms in defense of his home, person, or property, or in the aid of the civil power, when thereunto legally summoned, shall never be prohibited.
But, and that's a big but, Nothing herein shall prevent the Legislature from regulating the carrying of weapons.
Article 5, Section 40.
The Legislature shall provide for organizing, disciplining, arming, maintaining, and equipping the militia of the State.
Oregon.
No militia definition.
But they have.
Article 1, Section 27.
The people shall have the right to bear arms for the defense of themselves and of the State.
But, and that's a good but, The military shall be kept in strict subordination to the civil power.
Article 10, Section 1.
The Legislative Assembly shall provide by law for the organization, maintenance, and discipline of a state militia for the purpose for the defense and protection of the state.
Pennsylvania.
Article 1, Section 21.
The right of the citizens to bear arms in defense of themselves and the state shall not be questioned.
Article 3, Section 16.
The citizens of this Commonwealth shall be armed, organized, and disciplined for its defense when and in such manner as may be directed by law.
There's your militia definition.
Rhode Island has no militia definition.
All it has is Article 1, Section 22.
The right of the people to keep and bear arms shall not be infringed.
South Carolina.
Article 1, Section 20.
A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
As in time of peace, armies are dangerous to liberty.
They shall not be maintained without the consent of the General Assembly.
Article 13, Section 1.
Article 13, Section 1.
The militia of this state shall consist of all able-bodied male citizens of the state.
The militia of this state shall consist of all able-bodied male citizens of the state.
Between the ages of 18 and 45 years, except such persons as are now or may be exempted by the laws of the United States or of this state, or who from religious scruples may be adverse to bearing arms, and shall be organized, officers, armed, equipped, and disciplined as and shall be organized, officers, armed, equipped, and disciplined as the General Assembly may by law direct.
Article 16, Section 24.
The right of the citizens to bear arms in defense of themselves and the state shall not be denied.
Article 15, Section 1.
The militia of the state of South Dakota shall consist of all able-bodied male persons residing in the state.
Between the ages of 18 and 45 years, except such persons as now are or hereafter may be exempted by the laws of the United States or of this state, Article 15, Section 2.
The legislature shall provide by law for the enrollment, uniforming, equipment, and discipline of the militia, and the establishment of volunteer and such other organizations or both as may be deemed necessary for the protection of this state The Preservation of Order and the Efficiency and Good of the Service.
State of Tennessee, Article 1, Section 24.
The sure and certain defense of a free people is a well-regulated militia, and if standing armies in time of peace are dangerous to freedom, they ought to be avoided as far as the circumstances and safety of the community will admit, and that in all cases the military shall be kept in strict subordination to the civil authority.
Article 8, Section 1, All militia officers shall be elected by persons subject to military duty within the bounds of their several companies, battalions, regiments, brigades, and divisions under such rules and regulations as the legislature may, from time to time direct and established.
Better see your statutes, Tennessee.
Texas, this is interesting.
Article 1, section 23.
Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the state, but the legislature shall have power by law to regulate the wearing of arms were they due to prevent crime.
I think Ms.
Brady's been there.
Article 16, section 46, which dealt with the militia of Texas and was quite explicit and specific in its directive, was repealed on August the 5th, 1969.
Better ask your legislators how that happened.
State of Utah, Article 1, Section 6.
The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes, shall not be infringed.
But nothing herein shall prevent the legislature from defining the lawful use of arms.
Article 15, Section 1.
Here's your definition, Utah.
The militia shall consist of all able-bodied male inhabitants of the state between the ages of 18 and 45 years, except such as are exempted by law.
Vermont, Chapter 1, Article 16.
That the people have a right to bear arms for the defense of themselves and the state, and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up, and that the military should be kept under strict subordination to and governed by the civil power.
Chapter 2, Section 59, Militia.
The inhabitants of this state shall be trained and armed for its defense under such regulations, restrictions, and exceptions as Congress agreeably to the Constitution of the United States and the legislature of this state shall direct.
Now that's pretty interesting, Vermont there.
Virginia, very succinct.
Article 1, Section 13, 866.
A well-regulated militia composed of the body of the people trained to arms is the proper, natural, and safe defense of a free state.
Therefore, the right of the people to keep and bear arms shall not be infringed.
Washington, Article 1, Section 24.
The right of the individual citizen to bear arms in defense of himself or of the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men." How about an armed body of women?
Oh well, it says men.
Washington, Article 10, Section 1, Militia.
All able-bodied male citizens of this state between the ages of 18 and 45 years, except such as are exempt by laws of the United States, or by the laws of this state, shall be liable to military duty.
Article 10, Section 4.
The legislature shall provide by law for the protection and safekeeping of the public arms.
West Virginia has no militia definition.
Article 3, Section 22.
A person has the right to keep and bear arms for the defense of self, family, home, and state, and for lawful hunting and recreational use.
Wisconsin.
Article 4, Section 29.
The legislature shall determine what person shall constitute the militia of the state and may provide for the organizing and disciplining the same in such manner as shall be prescribed by law.
Wyoming.
Article 1, Section 24.
The right of citizens to bear arms in defense of themselves and of the state shall not be denied.
Article 19, Section 6.
No armed police force or detective agency or armed body or unarmed body of men shall ever be brought into this state for the suppression of domestic violence, except upon the application of the legislature or executive when the legislature cannot be convened.
And those are the militia clauses.
Not all of them have militia definitions, but those are the clauses that refer to militia in all 50 state constitutions.
And now you don't have any excuse at all to say that you don't know.
You are going to have to go to your law library and look up those statutes even when you do have militia definitions.
But this is a start.
So get your library cards and head on out there and read up on this stuff so you'll know what you're talking about and what your rights and duties are under the laws of your state.
So that was it?
That was all 50?
That was it!
We did it!
Okay, well, we've got just a little bit of time here and I'm glad that we do.
We have a minute or two because for you people out there, like me, who, courtesy of Soldier of Fortune, Craig Hullett, have been defined In a certain way.
For you other people out there who know that you're not like this, who think that the militias are nuts and all that kind of stuff, this show is for you.
But for you ignorant masses, ill-informed, warped-thinking, militia-conspiracy-theorist, fringe-fiction-believer buffs, hysterical-master-plan-apparition-believing-wooden-soldier-survivalist-bar-room-battering-non-combat-sorting-desiring-to-be-led-fear-mongering, Paranoid, crazy, U.N.
hating, black helicopter photographing, talk radio listening, New World Order worrying, non-voting, non-tax paying, non-vehicle registering, dangerous, operating in a vacuum, sociopath, punk, killer, zealot!
You didn't need to hear this, did you?
That's what Cranky Pellett thinks about the militias in the August 95 issue of Soldier of Fortune.
If you don't believe us, Go buy it.
No, go check it out from the library.
Don't buy it.
Don't support them.
But in the articles of August 95 SOS, those are the terms used in reference to the militias in this country.
And that's how the media and most of the general public will perceive you.
So you need to get over it, folks.
You need to figure out what you're doing.
You need to join your local militias and understand that what we read tonight is what should have been read at the militia hearings in front of the Senate.
This stuff should have been read.
This is what Norm Olson should have read This is what those idiots from Montana should have read instead of getting up there and talking about the government and manipulating the weather and all of that kind of crap and dragging out their photos of the black... And how Japan blew up the federal building in Oklahoma City.
That does not help anything.
No, it doesn't.
And remember, you are a representative of this country.
You're a representative of your state.
And what you do reflects on those things.
So stand up for your rights and what you believe in and do the right thing.
Screw the evil empire!
Good night.
God bless you, and God bless our republic.
Good night.
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